The appeal as to a duty to assist error identified during the higher-level review for benign paroxysmal positional vertigo (previously claimed as vertigo) is dismissed due to premature submission of the notice of disagreement.
The deciding factor: The June 2023 rating decision deferring adjudication of the claim for service connection for vertigo was not a final decision and thus, the March 2024 NOD was premature.
- Claimed conditions
- Bilateral Hearing Loss, Benign Paroxysmal Positional Vertigo
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2025
- Citation
- A25026992
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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